Man, 64, pleads guilty to video voyeurism, took photo of boy in restroom

Published: Monday, January 13, 2014 at 2:45 p.m.

Last Modified: Monday, January 13, 2014 at 2:45 p.m.

A man charged with video voyeurism after snapping a cellphone picture of a 10-year-old boy inside a store restroom will now be labeled a sex offender, but will serve no jail time for the crime.

Maximo Deherrera, 64, accepted a plea agreement offered by the State Attorney’s Office on Monday, pleading guilty to video voyeurism, a second-degree felony, before Circuit Judge Robert Hodges. As per the agreement, adjudication was withheld.

As part of the plea Deherrera, of Marion Oaks, will serve 10 years of sex offender probation and complete 150 hours of community service within one year’s time or purchase each hour at a rate of $10 per hour, with the proceeds going to the Child’s Advocacy Center.

Deherrera is also prohibited from possessing or using any cellphone equipped with a camera or any other device containing a camera. He is prohibited from having any contact with the victim and must stay away from all Walmart stores, where the incident occurred.

The Marion County Sheriff’s Office arrested Deherrera on May 23. According to witnesses, Deherrera entered the bathroom inside the Walmart Supercenter on Southwest State Road 200 with his cellphone in hand, camera activated.

The witness then said Deherrera approached the stall next to the victim, but positioned the cellphone around the divider and took a photo of the victim’s genitalia.

After the incident Deherrera deleted the photo and later gave contradicting statements to the police — first that it had been an accident and second that his actions were intentional.

Defense attorney Pravesh Bobby Rumalla told the court it’s debatable whether or not Deherrera took the picture, but the victim is entitled to privacy in the restroom.

If convicted at trial, Deherrera could have received up to 15 years in prison and a $10,000 fine, according to Hodges.

According to Assistant State Attorney Kristi Vanvleet, the victim’s family would have liked Deherrera to serve jail time, but agreed to the plea deal so the young victim would not have to give a deposition or testify during trial.

Deherrera received a two-day credit for time served in jail pending resolution of the case.

<p>A man charged with video voyeurism after snapping a cellphone picture of a 10-year-old boy inside a store restroom will now be labeled a sex offender, but will serve no jail time for the crime.</p><p>Maximo Deherrera, 64, accepted a plea agreement offered by the State Attorney's Office on Monday, pleading guilty to video voyeurism, a second-degree felony, before Circuit Judge Robert Hodges. As per the agreement, adjudication was withheld.</p><p>As part of the plea Deherrera, of Marion Oaks, will serve 10 years of sex offender probation and complete 150 hours of community service within one year's time or purchase each hour at a rate of $10 per hour, with the proceeds going to the Child's Advocacy Center.</p><p>Deherrera is also prohibited from possessing or using any cellphone equipped with a camera or any other device containing a camera. He is prohibited from having any contact with the victim and must stay away from all Walmart stores, where the incident occurred.</p><p>The Marion County Sheriff's Office arrested Deherrera on May 23. According to witnesses, Deherrera entered the bathroom inside the Walmart Supercenter on Southwest State Road 200 with his cellphone in hand, camera activated.</p><p>The witness then said Deherrera approached the stall next to the victim, but positioned the cellphone around the divider and took a photo of the victim's genitalia.</p><p>After the incident Deherrera deleted the photo and later gave contradicting statements to the police — first that it had been an accident and second that his actions were intentional.</p><p>Defense attorney Pravesh Bobby Rumalla told the court it's debatable whether or not Deherrera took the picture, but the victim is entitled to privacy in the restroom.</p><p>If convicted at trial, Deherrera could have received up to 15 years in prison and a $10,000 fine, according to Hodges.</p><p>According to Assistant State Attorney Kristi Vanvleet, the victim's family would have liked Deherrera to serve jail time, but agreed to the plea deal so the young victim would not have to give a deposition or testify during trial.</p><p>Deherrera received a two-day credit for time served in jail pending resolution of the case.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>